HL Deb 17 July 1974 vol 353 cc1127-31

3.18 p.m.

THE MINISTER OF STATE, SCOTTISH OFFICE (LORD HUGHES)

My Lords, I beg to move that this Report be now received.

Moved, That the Report be now received.—(Lord Hughes.)

On Question, Motion agreed to.

Clause 17 [Declaration of housing action areas for demolition and improvement]:

LORD HUGHES

My Lords, I beg to move Amendment No. 1, which is a drafting Amendment to correct a grammatical error.

Amendment moved— Page 16, line 21, leave out ("shall") and insert ("will".)—(Lord Hughes.)

On Question, Amendment agreed to.

Clause 36 [Obligations of local authorities in relation to rehousing in housing action areas]:

LORD HUGHES

My Lords, I beg to move Amendment No. 2, which is again a drafting Amendment to correct an error in this clause.

Amendment moved— Page 31, line 9, leave out ("provision") and insert ("provisions").—(Lord Hughes.)

On Question, Amendment agreed to.

Clause 44 [Power of local authority to arrange for the execution of works of improvement by agreement with and at the expense of owner]:

LORD HUGHES moved Amendment No. 3: Page 34, line 32, after ("house") insert ("at his expense execute, or").

The noble Lord said: My Lords, I beg to move Amendment No. 3, and to speak also to Amendment No. 4. Both of these Amendments are intended to ensure that local authorities can themselves carry out works of improvement to a house at the owner's expense, as well as being able to arrange for the execution of these works by some other person. Local authorities in England and Wales were empowered by Section 75 of the Housing Act 1969 to carry out works as the agent of an owner, and the object of this Amendment is to give Scottish local authorities a similar power. I beg to move.

On Question, Amendment agreed to.

LORD HUGHES

My Lords, I beg to move Amendment No. 4.

Amendment moved— Page 34, line 32, leave out ("at his expense").—(Lord Hughes.)

On Question, Amendment agreed to.

LORD HUGHES moved Amendment No. 5: Page 34, line 33, leave out from ("which") to ("Parts") in line 36.

The noble Lord said: With Amendment No. 5 I wish to associate Amendment No. 6. This will fulfil two objectives: first, they place the agency power of local authorities in relation to environmental improvements in Section 58 of the 1969 Act, which is a more logical place for this power than in Clause 44(1) of the Bill. Secondly they enable local authorities to carry out or to arrange for the carrying out of environmental improvements on any land not owned by themselves with the agreement of the owner of that land and to meet the full cost of the works themselves. This power is given in Clause 43 of the Housing Bill to English local authorities in housing action areas, and it is expected to be useful to local authorities such as Glasgow Corporation who want to improve the appearance of tenement back courts. It is difficult to organise contributions to such work from all the owners of the surrounding tenements and work will proceed much more quickly if the local authority can offer to meet the full cost themselves. I beg to move.

On Question, Amendment agreed to.

LORD HUGHES

My Lords, I beg to move Amendment No. 6.

Amendment moved—

Page 34, line 37, at end add— ("(2) After paragraph (a) of section 58(1) of the Housing (Scotland) Act 1969 (powers of local authority to improve amenities of residential areas) there shall be inserted the following paragraph— (aa) with the agreement of the owner of any land, carry out or arrange for the carrying out of works on that land at his expense or at the expense of the local authority or in part at the expense of both; ".")—(Lord Hughes.)

On Question, Amendment agreed to.

Schedule 2 [Consequences of breach of conditions under s. 9]:

3.23 p.m.

LORD HUGHES

My Lords, I beg to move Amendment No. 7, which is purely drafting.

Amendment moved— Page 41, line 9, after ("date of"), first occurring, insert ("payment of").—(Lord Hughes.)

On Question, Amendment agreed to.

LORD HUGHES

My Lords, I beg to move Amendment No. 8 which again is a drafting Amendment.

Amendment moved— Page 41, line 28, after ("settlement") insert ("of the balance").—(Lord Hughes.)

LORD BALERNO

My Lords, may I have clarification? I cannot find the word "settlement" in line 28.

LORD HUGHES

My Lords, if the noble Lord will give me a minute I will look for it. The noble Lord is right; I cannot find it either. Would it be permissible were I to withdraw the Amendment at the moment and return to it later, in the hope that my friends along the way can find assistance for me? I beg leave to withdraw the Amendment at the moment.

THE LORD CHANCELLOR (LORD ELWYN-JONES)

The Question is, That leave be given to withdraw the Amendment at the moment.

On Question, Motion agreed to.

Schedule 3 [Minor and consequential amendments]:

LORD HUGHES

My Lords, with Amendment No. 9 I wish to associate Amendment No. 10. These Amendments to Section 59 of the 1969 Act are consequential on the new subsection being added to Section 58. That subsection enables local authorities to carry out works of environmental improvement as an owner's agent or to arrange for the carrying out of such works. In so moving I hope that the noble Lord, Lord Balerno, will not be difficult on this one. My Lords, I beg to move.

Amendments moved— Page 47, line 4, after ("(1)") insert ("after" works "first occurring there shall be inserted", whether in pursurance of arrangements made or otherwise; and" "). Page 47, line 12, at end insert— ("(bb) in subsection (2)(a), after "words", where that word secondly occurs, there shall be inserted "whether in pursuance of arrangements made or otherwise; ".")—(Lord Hughes.)

On Question, Amendments agreed to.

LORD HUGHES

My Lords, with permission I will now return to Amendment No. 8. The assistance I have had provides the answer. It alters the Amendment made at Committee stage and which has only been added to the Bill in typescript and may not be in the print which the noble Lord, Lord Balerno, has. It was certainly not in the print which I have before me. My Lords, I beg to move.

On Question, Amendment agreed to.

Then, Standing Order No. 44 having been suspended, pursuant to Resolution:

LORD HUGHES

My Lords, I beg to move that this Bill be now read a third time.

Moved, That the Bill be now read 3a.—(Lord Hughes.)

LORD DENHAM

My Lords, may I ask for the comments of the Leader of the House here? I think we are slightly out of order. I believe that we should have gone back to this Amendment on the next stage, the Third Reading.

Lord HUGHES

No. The advice which I had was that we had to do it at Report stage because it is not permissible to have a manuscript Amendment on Third Reading. The House had given permission to go back to it so obviously we were perfectly in order.

On Question, Bill read 3a with the Amendment, and passed, and returned to the Commons.